Dear Aqua Answers - Why are unknown service line materials bad?

 Dear Aqua Answers,

I submitted the Lead Service Line Inventory (LSLI) for my water system in October 2024, as required. We were unsure of the construction materials used in some service lines. So, there are some unknowns. Why do I still need to refine my inventory? I heard that unknown line materials are bad. Why?  

Please help. 

Thanks,

Lea D. Line

Dear Lea,

Thank you so much for submitting your initial Lead Service Line Inventory (LSLI) last year. We understand that many systems do not know all the construction materials used in all their service lines. The Lead and Copper Rule Improvements (LCRI) finalized by EPA in 2024 requires ongoing effort to identify service line construction materials and submitting a baseline service line inventory, including connectors, by November 1, 2027. This inventory is different than the initial inventory submitted in 2024. The baseline inventory submittal will establish your system’s baseline for identifying, prioritizing, and replacing lines that contain or may contain lead. 

Under the LCRI, each system must track its progress by calculating a service line replacement rate, which is based on the number of lead, galvanized requiring replacement (GRR), and lead status unknown service lines identified in the baseline inventory. The required Lead Service Line Removal (LSLR) calculation method and required percent removals of lead lines may jeopardize future compliance if you have a high number of unknown service lines that are later confirmed to be non-lead. This lowers the total number of lines in the replacement pool without crediting overall progress in identifying service line materials. This structural flaw risks forcing systems to meet unrealistic replacement rates and/or face non-compliance, even when they have effectively removed all known lead or GRR service lines or ultimately determine all unknown service lines to be non-lead. Customer refusals to allow service line material identification or line removal will also heavily influence system compliance into the 2030s.

This means that unknown service lines are bad for future compliance with LCRI. CDPHE will be communicating with EPA about these concerns and seeking additional flexibility. 

What can you do in the meantime? Make as much progress as possible on your system’s service line (and connector) inventory before the baseline inventory is due on November 1, 2027. Try to reduce the number of unknowns, especially by 2030.

The division continues to support water systems serving up to 15,000 persons by offering technical assistance provided by WSP. The program is currently operating on a wait list, and suppliers can sign up here to be contacted by WSP in the event that the division is able to provide additional funding for the program. Enrolled suppliers can request remote support or hands-on assistance, offered at no cost. The division has selected only one contractor to provide technical assistance to eligible water systems, and it will not reimburse systems for the costs of hiring outside contractors. Waitlisted suppliers should continue to work on their inventories while they await potential additional funding for the program. 

In addition, the division has a team of drinking water coaches available to help you with LSLI project management. Our team can coach your system as you: 

Identify and navigate grant and loan funding for service line identification and replacement 

 Navigate regulatory requirements, including inventory templates, communications tools, public notice and drinking water portal 

Draft and update your LSLI 

If you are interested in working with one of our coaches on your LSLI please fill out a coaching request form, and one of our coaches will reach out to assist you and your team. 

Thank you for your efforts to identify service line materials in your water system. 

Sincerely,

➽ Aqua Answers

Optimize corrosion control treatment NOW! Get it done now to put yourself in the best position for LCRI

In late 2023, EPA released the proposed Lead and Copper Rule Improvements (LCRI). See this article for more information on the proposed LCRI.The LCRI is intended to improve upon the requirements promulgated in early 2021 in the Lead and Copper Rule Revisions (LCRR). The LCRR/LCRI will affect more than 1,050 community and non-transient, non-community public water systems in Colorado, serving nearly 6.5 million people. The LCRI public comment period is closed and EPA is planning to finalize the rule in October 2024. The LCRI compliance date is estimated to be late 2027. This gives water systems time to prepare and optimize their corrosion control treatment (CCT) before the LCRI requirements take effect. 

What is corrosion control treatment (CCT)? CCT is chemical treatment at the water treatment plant that makes the potable water less corrosive to water lines and premise plumbing. CCT is typically achieved by adding a phosphate-based corrosion inhibitor or with pH/alkalinity adjustment. The Lead and Copper Rule (Section 11.26 of Regulation 11) requires installation of CCT for systems with action level exceedances (ALE) and requires optimal corrosion control treatment (OCCT) for all systems serving more than 50,000 people. Approximately 65 systems in Colorado are operating OCCT with Department set optimal water quality parameters (OWQP) to comply with the current Lead and Copper Rule. 

Several changes in the proposed LCRI may impact systems that either have corrosion control treatment (CCT) installed currently or that may need to install CCT as a result of elevated lead or copper levels. Proposed LCRI changes that may impact CCT include:

• Setting a lower lead action level at 10 parts per billion (ppb).
• 1st and 5th liter lead sampling at lead service lines may result in higher lead levels than seen under the current rule. 
• Corrosion control study required for large systems without OCCT that exceed the practical quantitation limit (PQL) of 5 ppb based on 90th percentile lead levels.
• Medium and large systems with lead service lines that are required to conduct a corrosion control study must use harvested lead pipe in a pipe loop rig.
• Deferred OCCT installation or re-optimization for systems that replace 100 percent of lead service lines within five years of the date they trigger CCT steps.
• Removal of hardness as a corrosion control treatment option and specifies any phosphate inhibitor must be orthophosphate.
• Small system compliance options (e.g., point of use devices, replacement of all lead-bearing plumbing materials) for community water systems with 3,300 people or less and all non-transient, non-community systems.
• Review of CCT during sanitary surveys.

While these changes were part of the proposed LCRI, we will need to wait for the final rule to see if all of these items are included and if new items are added. Also, under the proposed LCRI, water systems will also have to provide Tier 1 public notice to consumers within 24 hours after a lead action level exceedance.

Possible actions to take:

• Review your 90th percentile lead results: One of the key changes in the draft LCRI is setting the lead action level at 10 ppb; the current lead action level is 15 ppb. Since 2010, approximately 115 systems had 90th percentile lead levels that were between 10 ppb and 15 ppb. Investing in operational controls, treatment, and/or treatment optimization now may allow you to lower your lead levels below the 10 ppb action level before the LCRI takes effect.  
• Evaluate treatment at large systems that are deemed optimal: Systems that have a population of more than 50,000 people “large systems” are required to have optimal corrosion control treatment (OCCT). The majority of Colorado’s systems that serve over 50,000 people have been “deemed” to have OCCT based on low source water lead and 90th percentile lead concentrations less than 5 ppb. The proposed LCRI requires large systems with a 90th percentile lead value greater than 5 ppb to complete a corrosion control study (CCS). For systems with lead service lines, the proposed LCRI requires the CCS be completed using harvested lead lines in a pipe loop. Many large systems have treatment processes that may impact corrosion. If possible, you should work on optimizing any existing treatment to lower lead levels as much as possible. 
• For systems with CCT,  determine if you can optimize your treatment process: Analyze your treatment process and determine if your corrosion control treatment could be optimized. A great tool for this is a bench scale immersion coupon study.  
• pH/alkalinity CCT systems: Systems using pH/alkalinity adjustment may want to more tightly control pH and/or find the optimal target pH. The EPA guidance document recommends a pH range at the entry point of 0.4 s.u. (for example: 7.8 to 8.2 s.u.) and a 0.6 s.u. range within the distribution system. Maintaining a tighter pH range may also improve other water quality contaminants such as disinfection byproducts. Conducting an immersion study to determine the optimal pH target may also be beneficial.
• Phosphate-based inhibitor systems: Phosphate-based inhibitor systems may want to optimize their dosing. Orthophosphate is the chemical that is effective at corrosion control and the EPA generally recommends a minimum orthophosphate concentration of 1.0 mg/L as PO4 in the distribution system. Blended phosphate inhibitors are a blend of orthophosphate and polyphosphates, which are typically used to sequester iron and manganese. These systems may want to review the percentage of orthophosphate in their chemical to better control corrosion. A bench scale immersion coupon study may be advantageous to determine the more effective dose and/or chemical.  
• Systems with CCT and OWQPs should review their OWQPs: Systems with OWQPs should review their monitoring schedule to verify the required OWQPs at the entry point(s) and in the distribution system. You may want to request an OWQP modification if you have additional water quality data or immersion coupon study results. 

Making changes to your CCT now can help you meet the LCRI requirements that are coming down the pipe. If you have any questions, please contact Melanie Criswell at melanie.criswell@state.co.us.

Resources:

• LCRR guidance, FAQs, and forms are available on the department’s Lead and Copper Rule & Revisions Webpage.
• Review the department’s initial service line inventory development policy.
• Visit the department's drinking water training and assistance website to register for upcoming Lead and Copper Rule courses (online and in-person options available) and other free training opportunities.

➽ Melanie Criswell Lead Service Line, Corrosion, and Emerging Contaminants Engineer

➽ Haley Orahood Regulatory Development and Implementation Specialist

EPA Reallotment of Lead Funds helps Colorado

In order to address the critical need to replace lead service lines across the nation, the Bipartisan Infrastructure Law (BIL) included funding specific to lead service line inventory and removal projects for the State Revolving Fund Program. In 2022, Colorado received over $56 million for lead service line inventory and removal projects. However, in 2023 due to a change in how EPA allotted lead funds, many states including Colorado experienced a drastic cut in lead service line funding. In fact, the 2023 BIL lead service line funding for Colorado was cut by over 40%. This cut in funding is significant and means many Colorado systems may not be able to access this funding to replace lead service lines. However, earlier this year EPA announced that some state SRF programs did not need the lead service line funding allotted to them through the BIL. The states of Alaska, Hawaii, Maine, Nevada, Oregon, South Dakota, and Washington declined a total of $219 million of 2022 BIL lead service line funding. As a result, Colorado was able to apply for a portion of the unused funds, up to $4.86 million. Although it is not enough to make up for the funding cut, these additional funds will help Colorado to continue to meet the high demand for lead service line funding across the state. Colorado utilizes this funding in multiple ways to assist public water systems to inventory, plan, design, and complete removal of lead service lines. The SRF Program provides low interest loans as well as grants for eligible systems to complete construction to remove lead service lines. The Division has utilized the EPA lead service line funding to provide lead service line inventory grants and to develop a robust technical assistance program. The lead service line inventory grant program has awarded over $700,000 in grants. The technical assistance program provides services free of charge to complete lead service line inventory and to plan for lead service line removal. The Division encourages public water systems to contact these programs for assistance in inventory, planning, and removal of lead service lines. The SRF program can be contacted at SRF Program Contacts. Systems interested in the inventory grants and free technical assistance can contact the program at Colorado@LeadRemoval.info. Please note that systems that want free technical assistance need to apply to the program prior to May 15 by completing a service agreement.

➽ Mark Henderson Community Development and Partnership Section Manager

Coming Down the Pipe: Lead and Copper Rule Revisions Components Effective October 2024

Image: lead goosenecks 

We recently published this article about the proposed Lead and Copper Rule Improvements (LCRI). In general, LCRI is intended to improve upon the requirements promulgated in early 2021 in the Lead and Copper Rule Revisions (LCRR). EPA is planning to finalize the LCRI in October 2024 and extend the compliance dates for most of the requirements that were initially placed in LCRR. However, EPA plans to retain the October 16, 2024 compliance date for several requirements associated including: submitting the initial Lead Service Line Inventory (LSLI), Tier 1 public notice after a lead Action Level Exceedance (ALE), and notification of service line material. Let’s take a closer look at what is Coming Down the Pipe (pardon the pun) in 2024 with respect to these key provisions.

Colorado is one of just a handful of states that adopted LCRR into its primary drinking water regulations. Collectively, the department and stakeholders learned a lot about the rule during that process, so we are well-positioned to tackle LCRI after it becomes final later this year. The Water Quality Control Commission replaced the Lead and Copper Rule in Section 11.26 with the Lead and Copper Rule Revisions in Section 11.17 in the Colorado Primary Drinking Water Regulations (Regulation 11). The department carefully structured LCRR so that different elements of the rule will have effective dates that align with LCRI. The requirement to complete an initial lead service line inventory by October 16, 2024 will go into effect immediately, whereas requirements that may be modified by LCRI, such as tap sampling requirements, could have a delayed effective date.

The requirements associated with the initial LSLI can be found in Section 11.17(2) and these cover inventory development, public availability, and consumer notification and reporting. The LCRI includes enhanced requirements for the LSLI including more regular updates and adding service line connectors (e.g., pigtails and goosenecks) to the inventory, plus additional requirements to confirm non-lead status. These enhanced requirements will likely need to be included in a “baseline inventory” due in 2027. Water systems can still complete their initial LSLI under the requirements specified in LCRR.  To help water systems meet LSLI requirements, the department (in consultation with stakeholders and the help of contract support) developed drinking water Policy 018 to guide that process. Additionally, the department has a grant program in place to help larger systems serving 7,500 people or more with inventory efforts and has already awarded about $550,000 to help water systems. Systems serving 15,000 people or less can request LSLI technical assistance from the department's contractor, WSP and Sunrise Engineering, at no cost to the system.. While the LCRI is not fully effective, we recommend that systems keep the draft rule in mind as they develop their inventories. If opportunities arise to collect information on connectors, for example, we believe that it would be a good idea to gather and retain that information.

A key aspect of LCRR that will become effective in October 2024 is the requirement for 24-hour Tier 1 public notification of a lead ALE, outlined in section 11.17(3)(k). Water systems must notify the department of the exceedance as soon as possible but no later than 24 hours after the exceedance occurs, and distribute Tier 1 public notice as specified in 11.33. The LCRI is also proposing to reduce the lead action level from 15 to 10 parts per billion (ppb), but it is not entirely certain when the effective date for that change will be. However, the provision in 11.17(3)(k) will apply to whatever action level is in effect at the time of the exceedance. We recommend that systems prepare for this possibility even if they do not have lead service lines as about half of the ALEs in Colorado occur at systems without lead service lines. Additionally, taking steps to improve corrosion control can improve public health protection and lower the risk of an ALE. Talk to your compliance specialist to determine if any planned modifications necessitate a design review by the department. 

Another element of the LCRR that will become effective in October 2024 is the requirement for water systems to notify consumers with a lead, galvanized requiring replacement, or unknown service line of the material type, ways to reduce lead exposure from drinking water, and opportunities for replacement or identification of the line (see section 11.17(2)(c)). The department encourages water systems to notify consumers of their service line material as soon as possible after the material is identified. 

Navigating the complicated landscape established by LCRR and then LCRI will be challenging for all of us. By working together, we can do our best to protect public health by lowering lead levels in tap water. 

Thank you.

➽ Ron Falco, P.E. Safe Drinking Water Program Manager 

➽ Haley Orahood Regulatory Development and Implementation Specialist

Program Manager Message: Draft Lead and Copper Rule Improvements (LCRI) Considerations

In late 2023 EPA published its draft Lead and Copper Rule Improvements (LCRI). The intent of this update to the Lead and Copper Rule Revisions (LCRR) is, as the name implies, an effort to improve the nation’s approach to reducing lead exposure in drinking water. The LCRR was the first major update to the Lead and Copper Rule since its inception in the early 1990s. This effort is the first time EPA has tried to strengthen and improve a rule, before many of its compliance dates. This has complicated the approach to certain aspects of the LCRR, such as Lead Service Line Inventory (LSLI) efforts because the LCRI proposes to make some changes to the inventory requirements. The LCRI is currently in the draft stage, with comments due in early February. EPA is planning to finalize the rule in October 2024 and extend the compliance dates for most of the requirements that were initially placed in LCRR. This is not the case for the LSLI requirement, which is still due in October 2024. A bit confusing? Let’s take a look at some key elements, though as we all know, the details involved with lead and drinking water often need painstaking review and consideration. 

The LCRI proposed rule contains several key initiatives that EPA believes will improve upon the LCRR including: 

• Enhanced requirements around Lead Service Line Inventories including more regular updates and adding lead service line connectors to the inventory, plus additional requirements to confirm non-lead status.
• Full Lead Service Line Removal (LSLR) within ten years.
• Modeling the tap sampling requirements after those that Michigan deployed a few years ago that involve using the highest lead result from 1st and 5th liter sample draws.
• Lowering the lead action level from 15 parts per billion (ppb) to 10 ppb.
• Requiring systems with multiple action level exceedance to enhance public outreach and make filters available to the public.

In addition, EPA took state’s implementation concerns with LCRR Specifically, EPA matched the lead testing in schools sampling procedure with its 3Ts Sampling Guidance that schools routinely use. There were also some changes to the “Find and Fix” provisions, which are being renamed and as well as changes to the small system flexibility options.

As with any new rule proposal challenges also lie within the details, and some of the items we are concerned about include:

• Adding connectors into the inventory requirements at this relatively late stage when many systems have already started or completed inventory efforts.
• Requiring pipe loop studies to evaluate corrosion control in more circumstances than necessary, as these studies are difficult, time consuming and expensive to conduct and may not yield better study results.
• Not fully allowing for an alternative approach to Optimum Corrosion Control Treatment (OCCT) similar to the variance that Denver Water received in 2019.

The bottom line is that this rule will still be more challenging than the current lead and copper rule for water systems to comply with and states to oversee. There is a significant need for guidance and training on this rule and its many new requirements. States also need database capabilities to manage all the information and compliance data that will be needed to support implementing this rule.

EPA also estimates that LCRI will involve 38 new reviews by states, the need to develop and utilize at least eight new templates and five new system-state consultations. LCRI will require significant new resources to implement. Colorado implemented several new rules the last decade involving disinfection, water haulers, storage tanks, backflow prevention and cross connection control, and the revised total coliform rule without adding program resources for implementation. However, with LCRI coming in the same year as the new PFAS rule and Consumer Confidence Rule (CCR) revisions, the division must obtain additional resources to support maintaining primacy into the future.  

As always, we will be engaging stakeholders in developing the LCRI rule for Colorado. Fortunately, we learned a lot from moving forward with adopting LCRR and can bring that knowledge to bear on the LCRI rulemaking process. We will work to identify assistance, policy and training needs and strive to help water systems meet the LCRI requirements as best we can considering our funding and resource levels. I suggest that water systems learn about the new draft LCRI rule and take steps to prepare your water system for it. Specifically, will your system be impacted by the changed sampling requirements and lower lead action level? How will your system respond to the requirements involving any test result above the action level? Getting in front of this now is the best approach to keeping tap water safe for your customers. 

Thank you.

➽ Ron Falco, P.E. Safe Drinking Water Program Manager

Lead and Copper Rule Revisions and Service Line Inventories

On August 14, 2023, the Water Quality Control Commission adopted the Lead and Copper Rule Revisions into Regulation 11. The changes to Regulation 11 are effective as of October 15, 2023, but the Lead and Copper Rule Revisions have a delayed start date and won’t take effect until October 16, 2024. The Lead and Copper Rule Revisions are a comprehensive update to the EPA’s 1991 Lead and Copper Rule.

Prior to adoption the division conducted an extensive stakeholder process with 26 meetings that provided opportunities for public feedback about the proposed changes. Overall, the division gained stakeholder consensus on adopting the Lead and Copper Rule Revisions into Regulation 11 within two years after promulgation of the revisions, and many of the stakeholder comments related to clarity of the rule requirements. The division reorganized the structure of the Lead and Copper Rule Revisions and incorporated stakeholder comments into the draft rule, where possible, to increase readability and clarity.

The Lead and Copper Rule Revisions affect more than 1,050 community and non-transient, non-community public water systems in Colorado, serving nearly 6.5 million people. A key requirement due by October 16, 2024 is that all systems subject to the rule must complete an initial lead service line inventory to classify the material of each service line entering a building, regardless of ownership.

To aid systems, the division has made many resources available to systems. First, we have posted EPA and state guidance for systems on how to complete a lead service inventory and reporting forms to submit to the division once completed. Second, the division contracted with Corona Engineering and worked with stakeholders to develop an initial lead service line inventory development policy that details the expectations for completion of an inventory and clarifies many lingering issues that remained unanswered in EPA guidance. Some examples include: 

• When can galvanized pipe be considered non-lead versus galvanized requiring replacement?
• How does a system use predictive modeling to complete their inventory?
• When can a system indicate all service lines installed after 1959 are non-lead?

Third, we are contracting with WSP USA Inc to provide no-cost technical assistance to systems serving less than or equal to 15,000 people and allowing systems serving 7,500 or more people to apply for grants to assist with completing their service line inventory and service line replacement planning. This money cannot be used for physical replacement of lead service lines. Grants will be awarded on a first-come, first-serve basis to eligible applicants over several application periods. 

It’s important to note that with less than one year left to complete an initial lead service line inventory and recognizing the resources necessary to diligently complete an inventory, water systems may categorize service lines as “lead status unknown” when they cannot determine the material through an evidence-based approach. However, additional requirements, including customer outreach and planning, are triggered under the new rule if any service lines are listed as “lead status unknown.”

• Other key changes under the LCRR include, but are not limited to:
• Compliance with a new lead “trigger level” set at 10 parts per billion (ppb).
• Tap sampling requirements that target lead service lines.
• Testing water for lead in schools and childcare facilities.
• Strengthened corrosion control treatment, lead service line replacement, and public education requirements.

Please note that these key requirements (e.g., lead trigger level and sampling changes) may be revised under another new rule, the Lead and Copper Rule Improvements (LCRI). The EPA plans to finalize the LCRI by October 2024. The department is awaiting more information about the LCRI in late 2023 or early 2024. Therefore, the department will provide communication and resources related to these requirements once more is known about the LCRI.

Resources:

• LCRR guidance, FAQs, and forms are available on the department’s Lead and Copper Rule & Revisions webpage.
• Review the department’s initial service line inventory development policy.
• To request no-cost technical assistance (Systems ≤ 15,000), complete the online form.
• To apply for grant funding (Systems ≥ 7,500, visit the Water Quality Grants webpage.
• Visit the department's drinking water training and assistance website to register for upcoming Lead and Copper Rule courses (online and in-person options available) and other free training opportunities.

➽ Bryan Pilson Technical & Regulatory Implementation & Coordination Unit Manager

Getting the lead out of drinking water - one fixture at a time

National Lead Poisoning Prevention Week is October 22-28, 2023

Certified Water Professionals across the state are our front line for promotion of the Culture of Health in drinking water. They work hard to protect water consumers at public water systems from all kinds of contaminants, from bacteria to uranium. One of the most complicated rules for protecting water consumers is the Lead and Copper Rule (LCR). Even when this rule is fully-implemented, it relies on careful sampling at a representative number of sample sites. No public water system is required to test at every point where consumers drink water to see if lead is present. 

But there is another program in Colorado that is doing just that. In 2022, the state legislature wanted to make sure that Colorado’s children were protected from lead in drinking and cooking water sources in the locations where they spend most of their time away from home: child care facilities and schools. The legislature passed House Bill 22-1358, implemented by the Water Quality Control Division as the Test & Fix Water for Kids program. This program, launched during the 2022-2023 school year, has conducted outreach to the nearly 6,000 licensed child care facilities and public or facility schools across the state serving children fifth grade and under. Each facility was asked to identify every water fixture used for drinking or cooking, and they were provided free test kits and analyses for lead. Over the past year, the program analyzed lead at over 53,000 fixtures across the state, representing about 600,000 children at 4,700 licensed facilities and schools. Ninety three percent (93%) of the samples collected were below the program action level of five parts per billion, and the remainder, about 3,700 fixtures total, are working through remediation funded by the program.

Why focus on fixtures?

In most cases, older brass fixtures are the cause of lead in water at schools and child care facilities. Older fixtures are not certified as lead free, and the materials in the fixture, when in contact with water, can leach lead. Replacing these fixtures can be a good solution. While lead service lines or copper pipe with lead solder can also be a source of lead, testing elevated locations with a follow up flush sample can help determine if premise plumbing is a cause. Almost none of the over 3,000 flush samples collected in this program showed elevated lead due to water contact with premise plumbing, and lead service lines were not commonly used for non-residential buildings. After repairs are made, each location is retested to confirm that lead is not present. The program is expanding to middle schools in the 2023-2024 school year.

How does this program affect compliance for public water systems with the LCR? 

The short answer is, it doesn’t! The results from this program are not reportable as part of the LCR and sampling conducted as part of this program do not “count” for sampling under the LCR. The good news is that when water systems do sample at these facilities, the Test & Fix Water for Kids program has already worked to get the lead out - one fixture at a time!

What can I do to protect myself and my family from lead in drinking water?

• Before drinking, run the tap for 30 seconds.
• Use only COLD water for drinking, cooking, and making baby formula. Boiling water does NOT remove lead.
• Regularly clean the aerators on your faucets.
• If you use a filter to remove lead, maintain it regularly.

➽ Margaret Talbott Infrastructure Unit Manager

Ready, set, go - the WQCD provides assistance for lead service line projects

On December 16, 2021, EPA finalized the Lead and Copper Rule Revisions (LCRR), which further strengthened the protections against lead in drinking water. The LCRR requires community and non-transient, non-community public water systems to develop a service line inventory (LSLI) to identify the materials of service lines connected to the public water distribution system. If one or more lead, galvanized requiring replacement, or lead status unknown service lines are identified, systems must submit a lead service line replacement (LSLR) plan. Both documents are due to the Drinking Water Compliance Assurance Section by October 16, 2024.

The Water Quality Control Division (division) is providing free technical assistance and grants to help eligible public water systems with the service line inventory and lead service line replacement planning process. Additionally, there are low interest loans available for lead service line removal construction costs.

Direct Technical Assistance

Through a competitive bid process, the division has selected WSP, in partnership with Sunrise Engineering, to support water systems serving up to 15,000 persons. Suppliers can request remote support or hands-on assistance, offered at no cost until funding is depleted. The division has selected only one contractor to provide no-cost technical assistance and support to eligible water systems, and under this assistance program it will not reimburse systems for the costs of hiring outside contractors. Suppliers can sign up here to be contacted by WSP. 

Technical Assistance Grants

The division has additionally made grant funding available to assist public water systems with the service line inventory and lead service line replacement planning process for those systems who elect to perform work outside of the technical assistance program above. Grants range from $10,000 to $250,000, and cover 90% of the project cost. Applications will be accepted at four upcoming deadlines, beginning October 1, 2023. Grants will be awarded on a first-come, first- served basis during each application review period, until funds are depleted. Reimbursements will only be made for expenses incurred after the grant agreement is executed. Smaller water systems are encouraged to make use of the technical assistance provider before applying for grant funding. 

Eligible applicants for the grant program include:

• Publicly owned water systems and private not-for-profit public water systems whose service area is between 7,500 persons and 50,000 persons and whose Median Household Income is less than 120% of the State’s Median Household Income.
• Publicly owned water systems and private not-for-profit public water systems whose service area is larger than 50,000 persons, and whose Median Household Income is less than 80% of the State’s Median Household Income.
• Applicants must proceed with work within 30 calendar days of contracting. 

For more information on grant funding and application materials, please visit the division’s Water Quality Grants Webpage. 

SRF Program Loans for lead service line projects

For public water systems who know they have service lines that require removal and who are interested in construction funding or a combination of inventory work and concurrent removal work, please visit the State Revolving Fund web page for more information. Eligible applicants to the SRF program must have indicated lead service line funding needs on the annual SRF Eligibility Survey. 

Lead and Copper Rule Variance: a Culture of Health

In December 2022, the EPA announced final approval renewing Denver Water’s variance from the lead and copper rule provisions associated with Optimum Corrosion Control Treatment (OCCT). What a great success story for promoting the culture of health! Search the Aqua Talk blog for “culture of health” to learn more. The variance includes a multi-pronged approach to reducing lead in drinking water. This new variance replaces the initial variance approved by the EPA on  December 16, 2019.

 When a public drinking water system exceeds the lead action level, the state and water system must ensure that adequate steps are taken to limit lead contamination. One step in that process is often accomplished by installing OCCT, which is the treatment that minimizes lead concentrations in the tap water. Based on Denver Water’s corrosion control study, the data showed that orthophosphate was the OCCT. Denver Water, the department, and EPA worked in partnership  to develop a variance from the treatment requirement. EPA approved the variance and we are responsible for ensuring the program is run under the agreement. All parties agree that this program is better for public health, environmental protection, environmental justice, and cost effectiveness.

 Over the next 12 years, CDPHE will provide help and regulatory oversight of the variance. This effort includes:

1. Removing all lead service lines (LSL) within the service area by the end of the variance.
2. Providing filters that are NSF rated to remove greater than 90% of lead from the drinking water, while consumers are awaiting service line replacement. The filter program is currently serving approximately one hundred thousand people who all need new filters every six months! All residences estimated to have known or suspected lead service lines are enrolled in the program.
3. Adjusting the pH of all water treated to reduce corrosivity. This pH adjustment will be the corrosion control treatment even after all of the LSLs have been removed.
4. It is also important to note that there is also a great focus on health equity & environmental justice (HE&EJ) in the LSL removal process. Denver Water's LSL removal rate in communities identified by the EPA’s EJScreen tool is at least equal to the removal rate in the entire service area. For more information,  please review the information provided by the EPA here.
5. For updated statistics regarding the variance, please see Denver Water's Online Dashboard. The dashboard also shows how many lead service lines have been replaced.

 

It was an incredibly collaborative process to update the final variance between local, state, and federal agencies. This process took place over several months throughout 2022. The group analyzed what worked and what could be improved upon in 2020. Then, the variance review needed to go through the applicable legal processes, and public comment periods. It is exciting that local, state and federal partners effectively collaborated to develop and then implement this variance. Again, this has proven to be a success for public health, environmental protection and environmental justice. The department worked closely with Denver Water to implement this variance in the first three years. We will continue our oversight role throughout the duration of the variance.

 At this point, Denver Water has met or exceeded all of the requirements of the variance. We are very grateful for the opportunity to work with everyone involved. We expect for this trend to continue, and even accelerate, as bilateral infrastructure law (BIL) money is awarded. 

➽ Ben Keilly, Drinking Water Compliance Assurance 

 

LCRR Stakeholder Process

On January 15, 2021, EPA promulgated the final Lead and Copper Rule Revisions (LCRR), the most comprehensive update so far to the original 1991 Lead and Copper Rule. Following executive review and additional stakeholder input, the LCRR went into effect on December 16, 2021. EPA also noted several areas for additional improvements to the LCRR and committed to promulgating the Lead and Copper Rule Improvements (LCRI) rule by late 2024. The LCRR has an early implementation requirement for public water systems to complete initial lead service line inventories by October 16, 2024. The division is conducting a stakeholder process for the Water Quality Control Commission (Commission) to adopt the LCRR, so that it is effective in Colorado by December 16, 2023 and provides the department enforcement authority, instead of the EPA. This rulemaking process could prove challenging depending on the changes promulgated in the LCRI and when they become effective. 

The LCRR emphasizes lead service line identification and replacement requirements, creates a new lead “trigger level” below the current “action level,” and requires lead sampling at schools and child care facilities. The LCRR adds considerable complexity for both states and water providers. However, some public health experts and community activists believe the LCRR falls short in achieving removal of lead service lines and reducing lead exposure. 

Despite the uncertainty, CDPHE is moving forward to adopt LCRR. LCRR will be adopted and integrated into our existing Colorado Primary Drinking Water Regulations (Regulation 11). The division sees great value and opportunity to gain shared understanding by discussing the requirements during the stakeholder engagement and subsequent rulemaking process. Given the complexity of this rule, these interactions would be invaluable for the division and water suppliers. This will also allow the division to better understand the additional resources needed for LCRR implementation. The division will continue to monitor information from EPA regarding LCRI and its impact on moving forward with LCRR adoption. 

The LCRR stakeholder process launched in July 2022 and is moving forward toward an August 2023 Rulemaking Hearing before the Commission to adopt LCRR. Visit our LCRR web page to get engaged or simply see a great deal of resources to help you and your water system get ready for LCRR.  

➽ Bryan Pilson, Haley Orahood, Nicole Graziano, and Ron Falco, P.E. Safe Drinking Water Program

Lead and Copper Rule Revisions: Start Preparing for Upcoming Requirements

Lead has long been recognized as a toxic metal that can be harmful to multiple body systems, even at low exposure levels. Lead is particularly harmful to the developing brain of small children and can result in functional impairment. Lead can enter drinking water through the corrosion of lead-containing plumbing materials such as pipes, faucets, and fixtures. 

On December 16, 2021, EPA finalized the Lead and Copper Rule Revisions (LCRR), which further strengthen the protections against lead in drinking water. The LCRR requires water systems to meet a number of new requirements, including:

• Water systems must develop a system-wide lead service line inventory and lead service line replacement plan by October 16, 2024.
• Compliance with a lead “trigger level” of 10 ppb that triggers additional planning, monitoring, and treatment requirements.
• Lead testing in schools and childcare facilities.
• “Find and Fix” at any individual tap above the 15 ppb lead action level to quickly investigate and potentially remediate the source of the lead.
• Strengthened corrosion control treatment, lead service line replacement, lead sampling, and public education measures. 

The lead service line inventory (LSLI) and lead service line replacement (LSLR) plan are key elements that support the LCRR’s overarching goal of proactive lead service line removal and more equitable public health protection.

What is a Lead Service Line Inventory (LSLI)?

The LCRR requires all water systems to submit a lead service line inventory by October 16, 2024 of every service connection in the distribution system to classify the material, of both customer-owned and utility-owned portions of the service line, as one of the following:

• Lead: All or a portion of the service line is lead.
• Galvanized requiring replacement: Galvanized iron or steel service line that is or was at any time downstream from a lead service line or is unknown to have ever been downstream from a lead service line.
• Non-lead: No portion of the service line consists of lead or galvanized requiring replacement.
• Lead status unknown: Service line is not known to be lead, galvanized requiring replacement, or non-lead.

Water systems must take steps to verify service line materials to ensure a complete and accurate inventory. Systems should verify as many “lead status unknown” service lines as possible since unknown service lines are treated as lead service lines unless proven otherwise. Most suppliers should be able to use a combination of knowledge of prohibitions, such as the federal lead ban in 1986, and local ordinances, records review, physical verification, and/or statistical modeling to determine service line materials without physically verifying each line. Only when there is a lack of records and great inconsistency in identified materials during physical verification would a system need to physically verify a large number of their service lines.

The LCRR aims to expand customer awareness, and as such, water systems must make their lead service line inventory available to the public, and systems serving greater than 50,000 people must also make their inventory available online.

Who needs to complete the LSLI?

All community and non-transient, non-community water systems must complete and submit a LSLI to the department. The department is requiring that water systems submit an inventory summary with the total number of service lines in each material category (e.g. lead, non-lead, lead status unknown). Systems with lead or galvanized requiring replacement service lines must also submit a detailed inventory of each lead or galvanized requiring replacement service line with a location identifier (i.e., address or block) and the material classification.

Resource: Lead service line inventory forms and a requirements/FAQ document are available on our website.

What is a Lead Service Line Replacement (LSLR) plan? Do all systems need to complete a LSLR plan?

Water systems with lead, galvanized requiring replacement, or lead status unknown service lines must submit a lead service line replacement (LSLR) plan to the department by October 16, 2024. Completing the LSLR plan will help systems prepare to remove sources of drinking water lead exposure and for identifying the material of unknown service lines. The LSLR plan must be sufficiently detailed to ensure the system is able to comply with the lead service line replacement requirements in the LCRR.

Water systems that have verified that their distribution system contains only non-lead service lines are not required to complete a LSLR plan.

Resources: A lead service line replacement plan template and requirements/FAQ document are available on our website .

The department encourages water systems to begin working on the LSLI and LSLR plan as soon as possible as these will require substantial resources to complete. Stay tuned for additional information on forms and guidance as well as upcoming public meeting opportunities.

➽ Haley Orahood, Regulatory Development and Implementation Specialist

➽ Bryan Pilson, Technical, Regulatory Implementation, and Coordination Unit Manager

Lead testing in Schools and Child Care Facilities Drinking Water Program

Applications Now Available

Applications and program updates will be available on our lead in schools website.

Questions? Please email us at cdphe_wqcd_lead_grant@state.co.us

In January of this year (2022) the Water Quality Control Division (Division) launched the lead testing in schools and child care facilities drinking water program. This is an EPA-funded program administered by the Division and is an important opportunity to take action now and target lead testing for our most vulnerable populations. Infants and young children are most at risk, but many schools and child care facilities have not been tested for lead in their drinking water. While this is a voluntary program, we encourage public health officials to apply now and take advantage of this opportunity to partner with the Division and enhance community, parent, and teacher trust in their drinking water. 

We will be accepting applications from local public health agencies, or other county agencies to participate in the program. The ideal funding strategy is to work with our local public health and county partners to implement this program. However, if local public health and county agencies are unable to implement the program in their jurisdiction, the Division may fund public water systems to assist in these community efforts.

The program involves a holistic approach per the EPA’s 3Ts guidance beginning with outreach and education in the first phase that leads into sampling, testing, and taking action in the second phase. We will provide grant recipients outreach materials, including school and child care facility information, in addition to training and detailed instructions for developing sampling plans at each participating facility. This funding currently does not cover remediation efforts; however, low-cost immediate action is possible if elevated lead levels are found as described in our sampling guidance. These actions include shutting off the source, fixture replacement, cleaning the faucet aerator/ screen, routine monitoring, and performing common practices to reduce lead levels in drinking water:

Common Practices to Reduce Lead in Drinking Water:

• Let your water run before drinking.
• If it has not been used for several hours, run the cold water tap until the temperature is noticeably colder. Sometimes it can take two minutes or longer. This flushes lead-containing water from the pipes.
• Always use cold water for drinking and cooking.
• Never cook or drink water with water from the hot water tap. Hot water can be more corrosive and lead from plumbing can get into the water. Boiling does not remove lead from the water.
• Periodically remove and clean the faucet’s strainer/aerator.
• While removed, run water to remove debris.
• Consider using a water filter certified to remove lead and know when it’s time to replace.
• Verify the claims of manufacturers by checking to make sure that filters are listed as NSF International standard 42 and 53. Look for certified drinking water treatment units by searching for lead in drinking water at www.nsf.org.

Community public water systems are encouraged to engage with their local public health agency and local government to raise awareness of this grant and lead testing program. This is a great opportunity for community public water systems to proactively identify the schools and child care facilities they serve and familiarize themselves with the sampling process and lead service line inventory that will be required per the Lead and Copper Rule Revisions.

The current program has two required phases. The first phase provides up to $5,000 to help with community outreach. The second phase provides up to $25,000 to sample for lead in drinking water at participating schools and child care facilities. The cost of laboratory testing for lead will be funded through this grant in addition to the $30,000 available to eligible applicants.

➽  Laura Leonard PhD, Lead Testing Program Coordinator

Lead Service Line Inventories and Private Property and Access Concerns

After a recent Aqua Answers article about the difference between lead service line inventories and materials evaluations, several water operators raised questions about the feasibility of completing the activities due to access issues and private property concerns. 

Let’s start with a primer on the requirements for a lead service line inventory under the Lead and Copper Rule Revisions, likely to be finalized in December of 2021. It is almost guaranteed that by the end of 2024, suppliers will be required to create at least an initial lead service line inventory for their system, with ongoing updates required as well. Each service line, including both the utility and private side, would need to be evaluated and categorized as having lead, galvanized downstream of lead, non-lead, or unknown. 

It’s important to note that physical verification at all service lines is not required and not expected. Suppliers should consider all available information before determining physical verification is warranted. This includes reviewing any installation records, building codes or ordinances dictating the service line material. In addition, observations of line materials when doing maintenance and repair at water mains or along the service line can be used. For example, if an external meter pit has copper or PEX on both sides of the yoke, this material is likely running from the corp or curb stop, depending on the location of the meter pit, and to the building. 

While lead service lines weren’t banned until 1986, their use was falling out of favor in the late 1940s. The latest known lead service line installation in Colorado based on reported information to the department is currently 1956. Therefore, the department would accept with high probability that unknown service lines installed after 1955 with some supporting records or observations can be categorized as non-lead in the lead service line inventory. This date cutoff should greatly limit the scope of a system’s investigation. 

For unknown service lines installed before 1955, suppliers can still categorize the materials without physical verification if there are any records on installed material type or there were ordinances banning lead materials. While there may be illegal installations or deviations in listed materials used, there is a high probability that lead materials were not used if there were records or standing ordinances.  

Even if there are remaining unknown service lines, these service lines are not all required to be physically verified. In the absence of EPA guidance and expectations for states, the department currently supports Michigan’s approach to lead service line inventory as they undertake a state-specific lead service line replacement program. Their verification effort requires that 20% of unknown service lines be randomly selected for verification to create a statistically sound, probabilistic determination of service line material as lead, galvanized downstream of lead, or non-lead. Please note that physical verification only pertains to the remaining unknown service lines. For example, if you have 100 total service line connections, and you determine with high probability through installation dates, records, and observations that 80 are likely non-lead, then you would have 20 remaining unknown service lines, leaving a minimum of 4 (20% of 20) to be physically verified.

Michigan’s approach on physical verification is to conduct three or four points of inspection that includes:

• The interior portion of the service line up to the first shutoff valve, usually the main shut off valve located in a wall cutout or in a crawlspace, 

• The line from the building to the curb stop, 

• The line from the curb stop to the water main, and

• If present, the gooseneck or pigtail connector at the water main.

The points to target for physical verification may vary depending on the layout of components along the service line. For in-ground physical verification, suppliers may utilize hydrovacuum excavation, air-knifing, trenching, or hand digging to inspect the material. If there were controls on materials for a portion of the service line then physical inspection at that point in the line is not warranted. For example, if the utility has records or had mandates on the utility-owned portion of the line, but the homeowner was responsible for selecting their material, only the customer side would have to be physically verified. 

Now we get to the crux of the problem: disturbing the ground on private property or requesting access from the homeowner to the inside of a home. These bring up sensitive issues and safety concerns for suppliers as they interact with their customers. First let’s discuss options related to the interior portion. If the homeowner does not allow access or the supplier wishes not to enter a home for safety reasons, the supplier can ask the homeowner to take a photo of the pipe material entering their home or at the main water shutoff to share with the supplier. Additionally, the supplier can provide a magnet to help determine the difference between similar appearing lead pipe and galvanized steel, as a magnet will not be attracted by lead. For exterior verification, you may need to explain the importance of this one-time verification and, if necessary, provide an incentive on their water bill for the disturbance to their ground. Based on feedback from utilities in other states, the new rule will be quite onerous to systems with lead service lines after 2024 and some systems are considering replacing a customer’s lead service line for them if found. If the system is willing to bear this cost to minimize future requirements, this cost incentive as well as public health protection could be shared with a homeowner who is reluctant to participate.

It’s important to note that if a homeowner refuses to cooperate, the supplier may move to the next randomly selected customer to see if they are willing to participate. Even if a supplier is unable to verify the material of their unknown service lines to make a probabilistic determination, there is a provision in the rule that allows the supplier to continue to list these sites as unknown in their inventory. However, in this case, the supplier has to assume the unknown service lines likely contain lead and will have to conduct ongoing special notices to these customers about the health effects of lead and prepare a lead service line replacement program for the sites, if ever triggered by the rule. Lastly, these sites would not be sampled for compliance under the new rule, due to the lack of confirmation on materials.

In conclusion, the department hopes that this more thorough description of what’s required of a lead service line inventory shows that it is not expected that every service line be physically verified as long as there is supporting documentation that gives the supplier high confidence on the materials at each line. Homeowner access is a touchy subject for suppliers and may mean some difficult conversations, but failure to gain access will not put the system out of compliance, as long as a credible effort to gain inventory information takes place. We recommend that utilities work with their customers and help them understand the importance of assisting with this process and the risks of lead in drinking water for both children and adults. As always, we are happy to discuss and help. Once the lead and copper rule revisions are final, we will be working with EPA to develop guidance for water systems that includes a reasonable approach to meet the lead service line inventory requirement.

➽ Bryan Pilson Technical, Regulatory Implementation, and Coordination Unit Manager

Federal Update: Key Issues with the Lead and Copper Rule Revisions

As most of you know, on January 15, 2021, the EPA promulgated its final Lead and Copper Rule Revisions (LCRR) with an effective date of March 16, 2021. Then, on June 10, 2021, the EPA signed a final rule extending the effective date of the LCRR to December 16, 2021 to allow for additional engagement and public comment regarding the final rule. Colorado participated in this process via co-regulator meetings with other states and the Association of State Drinking Water Administrators. EPA completed the process of obtaining additional public input and must make a decision by December 16, 2021 as to whether to maintain its final rule as published in January 2021, revise it, repeal the rule and restart from scratch, or move forward with a hybrid of these approaches. If EPA finalizes this rule in December 2021, Colorado will have two years to adopt a rule no less stringent, with a compliance date of October 16, 2024. 

During the course of 2021 EPA has already been sued twice regarding the LCRR. EPA was sued in March by parties that believed the final LCRR published in January was not sufficiently protective. This lawsuit was stayed pending the outcome of the review process that will end in December 2021. EPA was also sued in August by parties that believe the extension process was not legal, and that the final rule must stand as published in 2021. It is uncertain as to how these lawsuits will ultimately play out and whether they will impact the substance or timing of EPA’s finalization of the rule or state’s ability to adopt the LCRR. If there are no legal impacts to the timing, if EPA finalizes this rule in December 2021, Colorado will have two years to adopt a rule no less stringent. 

In general, Colorado is pleased with the efforts that EPA undertook after the draft LCRR was issued as several of our comments, including adding more flexibility regarding how Optimum Corrosion Control Treatment (OCCT) studies can be conducted. There is no way to be sure what items within the final LCRR EPA may consider adjusting, but we believe some of those items likely involve the following:

• Increasing the proposed 3% Lead Service Line Removal (LSLR) rate after an action level exceedance.
• Not allowing LSLR to stop, once it begins even if lead levels decrease below the action level. 
• How components like pigtails, galvanized pipes, etc. fit into the definition of lead service lines for inventory and removal purposes.
• Sampling procedures including utilizing an approach that would involve evaluating both first draw and 5th-liter samples.
• Simplifying the “find-and-fix” process, especially for non-LSL sample sites.
• Altering the small system flexibility and not allowing avoidance of OCCT for 15 years while an LSLR program is implemented. Providing filters is one option that may be added to the rule.  

Colorado has continued to urge EPA to allow for alternative OCCT options considering our experience with the Denver Water variance. Colorado believes water systems should be allowed an alternative if corrosion control treatment is applied, LSL replacement is expedited above required LSL replacement rates, pitcher filters are provided to all customers with LSLs, and the system implements an extensive public outreach and education campaign.

Of course Colorado supports being able to implement a rule that can help improve health protection and reduce lead exposure, especially for children. Beyond the specific content of the rule, we remain concerned about the technical and financial resources needed for water utilities and states to comply with the LCRR. Due to the complexities of multiple handoffs, reviews, sample site changes, and new tracking and reporting requirements, we will all need to work hard to develop needed guidance, tools, and clarifications to implement the LCRR. Once we have a final LCRR, we will begin to plan our stakeholder process to adopt the rule plus develop supporting policies and guidance. 

➽  Ron Falco, P.E. Safe Drinking Water Program Manager

Aqua Answers: materials evaluation vs. a lead service line inventory

Dear Aqua Answers,

What’s the difference between a materials evaluation and a lead service line inventory?

Sincerely,

Mat Plumber

Dear Mat,

A materials evaluation is a survey of all lead, copper, galvanized, and cast iron and steel piping, service lines, and interior plumbing within a water system’s distribution system. Community water systems were first required to develop a materials evaluation nearly 40 years ago. Many water systems used the original materials evaluation to help identify sample pool sites when the 1991 Lead and Copper Rule was promulgated. However, over the years, these evaluations were mostly left to languish and were not maintained or at worst lost as water system personnel came and went. In 2016, the department requested the materials evaluations from systems to evaluate the appropriateness of their current lead and copper sample sites in terms of identifying lead service lines, lead pipes, and copper pipes with lead solder. The department worked with systems over several years to update their materials evaluations, which has yielded vast improvements in proper lead and copper sample site selection based on the current tiering levels of the Lead and Copper Rule. 

The Lead and Copper Rule Revisions promulgated in 2021 requires systems to have a lead service line inventory when the rule takes effect, currently slated for the end of 2024. Water systems are required to identify the individual locations of each lead service line, galvanized pipe that is or was downstream of lead service line, non-lead service lines, and unknown service lines for both the publicly and privately owned sides. While much of this information was required for a materials evaluation, the department will expect water systems to take a second look and evaluate if they have their service lines properly identified on both the publicly and privately owned side of service lines.

It’s important that systems work hard on this inventory to develop a high confidence in their categorization of the service line material by 2024. Unknown service lines are treated as possible lead service lines and special notices will be required to be sent to these customers annually if they remain unknown. Ideally, a system has records of installed service line material or physically verifies the materials through pot-holing. Having records or physical verification of all service line materials is very unlikely for many water systems, however. When the rule becomes effective, the department will expect water systems to use a combination of installation and maintenance records, plumbing codes or permits, interviews with experienced system staff and homeowners, and selectively used physical verification when service line materials are unknown. This will allow water systems to make high confidence determinations on the material type to a swath of homes based on installation dates. The lead service line inventory must be updated at least annually as service line materials change and must be made available to the public with systems serving greater than 50,000 required to make them available online, such as a GIS map, unless there are no lead service lines, galvanized pipe downstream of previous lead service lines, or unknown service lines.

Now is the time for water systems to be proactive about their lead service line inventory. Systems should use this time to organize any available paper records and to implement service line identification procedures as part of routine distribution maintenance and repairs and meter reading and to document the findings with location identifying information. Please visit the department’s Lead and Copper Rule general website or Lead and Copper Rule FAQ for more information. 

Happy hunting,

Aqua Answers